Temporary Divorce Orders

Updated on November 26, 2011
H.C. asks from Apollo Beach, FL
12 answers

Ladies,
My marriage is coming to an end and he filed for divorce the end of October. Yesterday he springs on me that we are to go to court on Tuesday for temporary orders. I don't even have a lawyer. He has been unemployed for most of our marriage and I've been soley supporting the household. I'm already paying for his lawyer essentially and really can't afford a lawyer for myself. I guess my question is, do I take a huge chance of getting screwed if I go to court Tuesday without a lawyer? He is still living in the house and I'm still supporting him. TIA.

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So What Happened?

Well I talked to an attorney today. I'm not sure how I'm going to pay the $3500 retainer fee, so y'all just pray for me okay? I'm meeting with him tomorrow and feel much better about going to court Tuesday. Thank you so much for your words of wisdom and advice.

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E.B.

answers from Beaumont on

Yes, you absolutely need a lawyer. Why are you paying for his?? Why is he still living there?? You need a lawyer immediately to put an end to this. I am so sorry....

2 moms found this helpful

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J.W.

answers from St. Louis on

First of all you are not required to pay for his attorney. Take away his access to any joint accounts. Second, use this new found wealth to get an attorney, of course you will be screwed if you show up without one.

6 moms found this helpful
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R.J.

answers from Seattle on

You go to court (no matter what!!! Even if you have to bring a bucket to throw up in, or have a severed limb... otw... they get everything they ask for) and ask for a continuance to get an attorney of your own.

NEVER deal with the legal system without one.

One better is to call on Monday and ask if you can get a continuance NOW in order to find an attorney. You probably won't, but it shows the court you're trying not to waste their time. ALSO ask for advice from the clerk how to word your asking the judge for time to find a lawyer, and *write it down*.

Even if you need to call your creditors and push everything back a month (payment plans, etc.), even if you have to eat ramen for a month... GET AN ATTORNEY. Of your own. Do not share. And make sure they are a good one.

5 moms found this helpful
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C.W.

answers from Santa Barbara on

It sounds like you are all still in the house and are just continuing to pay for everything as usual. Then he helped himself th the family money for his attorney?

He has a job now so that is good! Call the courthouse to see if it is truly scheduled and then find a good attorney. I'm surprised you were not served for a court hearing properly. Are temporary divorce orders really a notice of separation??

Gamma G. has some great advice.

4 moms found this helpful
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N.W.

answers from Eugene on

You really can't afford not to get a lawyer for yourself. Find a good one. Not all are created equal, find a good litigating divorce attorney, not just one who does the paperwork. It will save you money in the long run.

3 moms found this helpful

J.H.

answers from San Antonio on

I would get a lawyer. I would also make sure that his name is taken off the bank accounts and whatever else you share. That way when you go to court for the temporary orders (which BTW, I've never heard of) you can ask that the judge remove him from the home and explain why. (That you've been paying the rent/mortgage, supporting him, etc.)

Good luck!

3 moms found this helpful
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M.T.

answers from New York on

You absolutely do need to get a lawyer. If you have no idea what you are entitled to and required to provide hubby with financially, you will get screwed, badly. It may not even matter that he filed, if he doesn't work and you support him, you are likely to be required to continue doing so. Good luck.

2 moms found this helpful
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S.W.

answers from Minneapolis on

Call the courthouse to see what is really scheduled. Call 2 or 3 lawyers on Friday and again on Monday if they aren't in the office. Pick one. They will petition for a later date so that they can review your case.

Stop supporting him and especially his lawyer!

2 moms found this helpful
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K.T.

answers from Dallas on

H.,
I am going through some of the same things now. DO NOT go to court without a lawyer. Temp. orders is a BIG HEARING! According to my attorney, BOTH parties have to agree on a DATE for the temp. order!

Feel free to call my attorney's office and talk to his paralegal! Her name is Jaime and she is the para for Steve Bruneman. Their number is; ###-###-####. Please call them first thing on Monday.

I'll say a prayer for you!

K. T.

1 mom found this helpful
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❤.M.

answers from Los Angeles on

You need to get a lawyer for yourself.
Do it now!
You might even have time to meet w/2 on Monday.
If not, just get one period.
Not sure why he's IN the house but you'll be able to figure that out
w/the lawyer. Was it because you left or b/c he owns the home?
I don't thk you can take his name off of the bank accounts (he's entitled
to half of it in most states if not all states. Take half of the money out
now. You are entitled to that.
Get your documents now.
If they are in the house, can you go get them?
Document things now. Start writing things down. How long he's been
unemployed.
Make a list of your assets (house, cars, boats, retirement etc)
If you have kids involved be as civil as possible.
Hang in there. Things will get better for you.

So sorry you are going through this.

1 mom found this helpful

V.W.

answers from Jacksonville on

I worked for a divorce attorney in Florida for quite a long time. I don't believe I've ever heard of a situation where there can be a court date scheduled and the defendant (you; since your husband filed that makes him the plaintiff) has not been properly served with the Summons. "Served" is a legal term for documented receipt of certain paperwork. If you weren't "served" a summons or a petition for divorce, then I don't know how a hearing could be scheduled.

If you were served, and did nothing... then you need to act NOW. And if you were not served and there IS a court date, then perhaps your husband accepted service on your behalf or in some way manipulated something illegally. The only way to figure it out is to know what is in the court records. You need an attorney ASAP. Even if you do not manage to retain one prior to the hearing he has told you about, GO on your own. When the court asks you if you are representing yourself, ask about getting a continuance to retain counsel.
Just know this: It is NEVER a good idea to ignore a court hearing. EVER. Failing to appear once you have been duly notified can give the Court power to proceed WITHOUT you.

Oh, and "temporary orders" are typically for things like temporary support payments to be set up. Both for child support (if that applies) and/or spousal support. If you have been the breadwinner in your household as you say, expect the court to award him a stipend that you must pay him going forward until the case is concluded. So, yes, you could get screwed royally without an attorney. It may be that what is done is fair, too. But the only way to protect YOUR interests is to have your own attorney.

1 mom found this helpful
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A.S.

answers from Dallas on

I would see about other lawyers $3500 sounds too high for a retainer fee. Alot of lawyers have a free consel the first time they see you.You don't say anything about children so all you have is a house. Don't pay anything to him. He's the one that filed so let him pay.Don't give him any money. I don't see that your divorce should cost that much money. Shop around. It might be in your best interest.

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